Vehicular homicide case sent to grand jury, questions continue over circumstances

MOBILE, Ala. (WALA) - Back in December 18-year-old Jh’isaiah franklin was arrested and charged with homicide by vehicle after a crash killed 19-year-old Kailyn Draine-McAlpine who was ejected from the back seat.

“She was getting ready to start college this month,” said her mother Kenyatta McAlpine. “She had dreams of going to the Navy. All that is gone. I will never know what she’ll look like in 5 years. I’ll never know what she’ll look like in 10 years.”

Despite the loss of her daughter. McAlpine says she doesn’t blame Franklin who police say was driving that night.

“I don’t have any ill will towards him,” said McAlpine. “I love him and he knows that.”

A Mobile Police officer testified that officers tried to pull Franklin over for not having a tag. The officer testified that speeds were reportedly as high as 100 miles an hour during the chase.

Mobile Police said the chase was terminated before franklin lost control and crashed into a tree on Bear Fork Road near Highpoint Boulevard.

Franklin’s attorney Jason Darley says they’re still trying to figure out exactly when the chase was terminated.

“They say they terminated it but the officer testified that they were there within seconds, 3-4 seconds.”

Darley also questioned how much of Franklin’s statements from that night can be used in court after an officer testified that he gave Franklin a citation before he allegedly started answering questions.

“There’s an officer outside the door which means he’s not free to leave,” added Darley. “Apparently maybe some questioning occurred where Mr. Franklin made statements about the incident and if he’s not free to leave and he wasn’t mirandized then unless he waived them you have a situation where those statements weren’t taken freely.”

District Attorney Keith Blackwood wouldn’t comment on when exactly Franklin was mirandized but said the case is still moving forward.

“It’s an ongoing investigation and there was probable cause to send the case to the grand jury,” said Blackwood. “The judge heard the evidence and decided there was probable cause.”

Darley also mentioned that they are still working on getting body camera footage from the officers involved in the chase as well as cell phone records and the black box from the Toyota that Franklin was driving.

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